Law Society of Ireland Annual Report and Accounts 2007/2008 Contents Report of the president 3 Council of the Law Society 8 Report of the director general 10 Reports of the department directors 15 Facts about the profession 20 Reports of the Law Society committees 22 Standing Committees 23 Complaints and Client Relations Committee 23 Coordination Committee 24 Education Committee 24 Finance Committee 25 Money Laundering Reporting Committee 28 Professional Indemnity Insurance Committee 28 Regulation of Practice Committee 29 Non-Standing Committees 31 Arbitration and Mediation Committee 31 Business Law Committee 32 Conveyancing Committee 32 Corporate and Public Sector Committee 33 Criminal Law Committee 34 Curriculum Development Unit 34 Employment and Equality Law Committee 35 EU and International Affairs Committee 36 Family Law Committee 37 Gazette Editorial Board 38 Guidance and Ethics Committee 39 Human Rights Committee 39 Law Reform Committee 40 Litigation Committee 41 Probate, Administration and Trusts Committee 41 Public Relations Committee 42 Taxation Committee 43 Technology Committee 44 List of committees and members 45 Financial statements of the Law Society of Ireland 48 for the year ended 31 December 2007 The Law Society of Ireland Compensation Fund reports 68 and financial statements for the year ended 31 December 2007 Law Society personnel 76 REPORT OF THE PRESIDENT 2007/2008 4 Report of the President Plus ça change, plus c’est la même chose – it was ever thus. Under our system, each president serves for one term and, by definition, writes one annual report. Naturally therefore, to prepare my report, I read those of my predecessors. The striking feature is the consistency of theme from year to year, and how each of us who have had the honour to be President of the Law Society reaches the same conclusions. Report of the President 5 Attending the Walter Swift Symposium on 16 July 2008 at Blackhall Place were (l to r): Law Society president James MacGuill, Chief Justice John L Murray, Innocence Project director Barry Scheck, Walter Swift and Niamh Gunn. The sympo- sium was held within weeks of the exoneration of Walter Swift, after 26 years of imprisonment in the US (Pic: Lensmen) Firstly, it has been an honour and our practices to reflect current needs available legal aid. In each case, the a privilege to serve as president and seize present opportunities. As a focus of the research is the provision and, while it has not always been a profession, we have been down this of greater protection for the individual barrel of laughs, I wouldn’t change a road many times before. We have client – a core value of our profession. moment. Many colleagues were kind learned the lesson that constantly The Society had particular enough to commiserate with me, in improving the service we provide for concerns about the Immigration, the belief that the current ‘difficulties’ our clients is the best guarantee of Residence and Protection Bill and facing the profession made my year our own professional success. My made a lengthy submission to the in office more difficult. A number of immediate predecessor, Philip Joyce, government. It has, however, been points arise. Firstly, every one of my leads a task force to assist colleagues a very busy year for legislation predecessors has had challenges in identifying new opportunities on that directly affects the solicitors’ to face, and that simply comes with the one hand, and to provide sound profession. the territory. Secondly, one of the practice-management guidance on We have had the Civil Law wonderful things about our collegiate the other. (Miscellaneous Provisions) Act 2008, profession is that, at times of difficulty, which has made some detailed people really strive to pull together. Core values changes to the regulatory system. We The support from the profession has A constant theme in previous are awaiting the committee stage of been unbelievable. Finally, for those reports has been the surprise, even the Legal Services Ombudsman Bill, of you who share my terror at being to ‘insiders’, at the extent of work which promises to radically change asked to deliver a ‘funny’ after-dinner done by volunteer members of the legal landscape in Ireland. Last speech, it was a clear advantage to Society committees. This year was but not least, we have had Acht na be president in a year when nobody no exception. I want to pay tribute nDlí-Chleacechtóirí (An Ghaeilge) expected a Law Society figure to be to all our committee members, who 2008, abolishing the mandatory and humorous! During the year, while the give so generously of their time, archaic Irish examinations and putting media were obsessed with regulatory especially when practice conditions in their place a progressive and issues affecting a few, the Society are challenging. In the course of proactive scheme to advance the use kept its focus on the economic this year, their good work has led to of the Irish language. and practice issues concerning the publication of significant reports Tá lúchair orm a rá gur éirigh leis the majority – I believe we have following legal research, including an athrú ó bhrú a chur ar dhaoine go succeeded on both fronts. Clearly the launch of the e-conveyancing tacaíocht a thabhairt do dhaoine. changed economic circumstances proposal, the Law Reform Committee Tá borradh faoin tsuim sa are outside the control of individual proposal on environmental law, and, Ghaeilge atá ag mic léinn sa Scoil colleagues, but what is within our significantly, the report of the Legal Dlí, agus suim suntasach á léiriú collective control is the ability to adapt Aid Task Force on the scope of san ardchúrsa atá ullmhaithe do na 6 Report of the President comhghleacaithe atá ag cleachtadh had to be the visit of the judges from Pride and privileges cheana féin. northern Norway, whose government While there were many high points Beidh na cúrsaí seo ar fáil arís an is considering setting up a system in the year, for me personally the bhliain seo chugainn agus mholfainn of tribunals and who were (for some greatest moment of pride was to do chách feidhm a bhaint astu. ‘Mol reason) directed to Ireland in their learn that a wholly innocent American an óige agus tiocfaidh siad.’ quest for knowledge. They enjoyed man was released from prison having their meeting with us and left with a served 26 years of a sentence for a Reciprocal relations lot of information not easily gleaned crime he did not commit, largely due Moving from the national to the from textbooks! to the efforts of now colleague, and international, the Society continues At the time of writing, I still await then trainee, Niamh Gunn. to foster reciprocal relations with a reply from ex-president Musharraf Niamh most graciously sister organisations throughout to the Society’s letter of protest at his acknowledged the encouragement the world. These contacts provide treatment of the judges in Pakistan. she received from Law School access to invaluable expertise as to Continuing the international personnel, serving as a timely antidote how other jurisdictions have dealt theme, our conference in Budapest to those critics who maintain that with the difficulties we are now was a great success and I would lawyers are selfishly, rather than encountering. The regard in which like to repeat our thanks to keynote selflessly, motivated. The Society the Law Society of Ireland is held is speakers Barry Donoghue, John intends to engage on a more formal reflected in the fact that the Canadian Bruton and Brian Lenihan. Our level with the Innocence Project, Bar Association will hold its annual ever-efficient conference organiser, and its directors Barry Scheck and conference for 2009 here in Dublin James McCourt, is still monitoring the Madeline deLone, to both support from 13-16 August. I would urge all postbag for libel writs intended for our and learn from their invaluable work. colleagues who have an opportunity after-dinner speaker, Louth colleague I would like to particularly thank the to do so to assist in the running of and friend Dermot Lavery. Chief Justice of Ireland, Mr Justice the conference to make our Canadian Next year’s conference will be John Murray, for presiding over colleagues welcome, as they in turn held in Bilbao from 23-26 April 2009. a wonderful symposium last July have welcomed us. We are also The conference will be shorter by addressed by Niamh, Barry Scheck beginning work towards the holding one day and the timing has changed, and Walter Swift, which served as an of the IBA conference in Dublin in reflecting the fact that the first inspiration to us all. 2012. weekend after Easter is still holiday One of the great privileges of In the course of the year, time in Bilbao. We look forward to the presidency is the opportunity to the Society hosted many visiting opportunity of very good interaction welcome new colleagues to the groups of lawyers keen to hear our with the local colleagues there, who profession. This year, more than 500 perspective on various issues of have made the intended conference colleagues received their parchments concern to them. The ironic high point very welcome. at 12 ceremonies. While these are wonderful family occasions, they are also an important opportunity for us collectively to restate our core principles and, in these difficult times, to reflect on the many challenges and opportunities that do exist. I was impressed by the energy and application of our new colleagues, and our profession is in good hands. I would like to thank those who addressed